The Madhya Pradesh Code on Empowerment Workplace (Shram Shakti Samhita) Act, 2026

1. (1) This Act may be called the Madhya Pradesh Code On Empowering Workspaces (Shram Shakti Sanhita) 2026.
2. (2) It extends to the whole of the State of Madhya Pradesh.
3. (3) It shall come into force on such date, as the State Govermnent may, by notification in the Official Gazette, appoint, and different dates may be appointed for notification of different provisions of this Code.
4. (4) This Code shall apply to all establishments, as defined in the Code on Wages, 2019, in the State of Madhya Pradesh.
5. (5) Nothing in this code shall derogate from the Central Codes, any measures, that are to the advantage of the employee.

In this Code, unless the context otherwise requires,-

1. (a) "Central Labour Codes" means the Code on Wages, 2019 (No. 29 of 2019), the Industrial Relations Code, 2020 (No. 35 of 2020), the Code on Social Security, 2020 (No. 36 of 2020) and the Occupational Safety, Health and Working Conditions Code 2020 (No. 37 of 2020), as amended from time to time by the Parliament;
2. (b) "Competent Authority" means an officer not below the rank of Assistant Labour Officer;
3. (c) "Designated system" means an electronic governance platform, as may be notified by the State Government;
4. (d) "Facilitator" means an officer designated so by the State Government to facilitate the compliance of the provisions of this Code regarding violations as per the prescribed procedure;
5. (e) "prescribed" means prescribed by rules made under this Code;
6. (f) "Rules" means rules made under this code;
7. (g) "Self Regulatory Organisation" means an independent, non-governmental entity constituted by an association of employers and authorised by the State Government to monitor and enforce specific rules and provisions under this Code and professional standards;
8. (h) "State Government" means the Government of Madhya Pradesh;

1. (2) Extant State enactments means all enactments as in force in the State of Madhya Pradesh, including the Acts stated as repealed in Section 40 of this Code.
2. (3) Terms not otherwise defined herein shall have the same meaning, as assigned to them in the Central Labour Codes.

1. (1) The State Government shall, by notification, appoint a person to be the Commissioner of Labour for the State and may appoint such subordinate officers, as may be prescribed, to assist the Commissioner of Labour in the exercise of his powers and discharge of his functions.
2. (2) The State Government may delegate the powers of the Commissioner of Labour to such other officers, as may be prescribed, who shall exercise powers and perform duties, subject to the superintendence and control of the Commissioner of Labour.

1. (1) The State Government shall, by notification, appoint a person to be the Director, Employee State Insurance Services, who shall report to the State Government.
2. (2) The State Government shall, by notification, appoint a person to be the Director, Occupational Health and Safety, who shall report to the Commissioner of Labour.

The State Government shall establish and maintain a Designated system, as prescribed, for facilitating compliance with the provisions of this Code.

1. (1) Every employer shall give an intimation to the competent authority through the designated system, in the prescribed form and manner, regarding the commencement of an establishment in the State of Madhya Pradesh.
2. (2) The registration certificate shall be generated automatically by the designated system upon receipt of such intimation.
3. (3) Every registered establishment shall be assigned a unique establishment number, which shall serve as the single identifier for all establishments under this Code and may be linked with Central/State databases, as may be prescribed.
4. (4) Registration shall be one-time and for the lifetime of the establishment, and no periodic renewal shall be required: Provided that whenever any change occurs, the employer shall update the information on Designated system within such period, as may be prescribed.
5. (5) Closure of an establishment shall be intimated in such form and manner and within such period, as may be prescribed, whereupon the registration shall be liable to be terminated by the competent authority.
6. (6) Where adverse information regarding an establishment is received after registration, the competent authority may carry out such a verification inquiry, as may be prescribed.

Registrations or license issued under an Act, rule or regulations prescribed by the Government shall be deemed to be an intimation under Section 6, leading to automatic registrations under this Code, including the Occupational Safety, Health and Working Conditions Code 2020 and trade licensing of Local Bodies.

The payment of minimum wages, wages, deductions and bounses by every establishment shall conform to the provisions of the Code on Wages, 2019.

1. (1) No worker shall be required or allowed to work more than such daily and weekly hours as may be prescribed: Provided that an employer may allow, but shall not require, an employee to complete the prescribed weekly hours by working more hours in a day, not exceeding twelve hours in any single day. Overtime shall apply when the total working hours in a week exceed the prescribed weekly maximum.
2. (2) Overtime wages shall be, as prescribed with reference to the Code on Wages 2019.
3. (3) For night-working hours, to which Section 10 of this code applies, overtime shall be calculated based on weighted hours, as may be prescribed.
4. (4) No employee shall be required to perform work on remain available for work, during non-working hours unless the terms of engagement expressly provide for such on-call obligation.

Time of work

1. (1) There shall be no general restriction under this Code on the working hours of establishments: Provided that the State Government may regulate the working hours for specified classes of establishments, like liquor shops, keeping in view worker welfare, public order or other matters of public interest.
2. (2) The State Government may, by notification, prescribe a higher weightage for hours of work performed, for the purpose of computing the total hours of work performed in a day, during specified night hours or hours with conditions of such exceptional hardship, as may be prescribed.

The employment of women during night hours in any establishment shall be subject to such safety, security and transportation measures infrastructure and consent requirements, as may be prescribed made available by the employer.

1. (1) No employer or any other person acting under his authority shall.-
   • (a) engage or continue to engage any person in a manner that compels such person to render service against his free will or that prevents him from exercising his free will regarding his continuation in the engagement;
   • (b) withhold any identity document, original certificate, travel document or personal belongings of an employee, restricting his freedom to leave the employment;
   • (c) engage in any practice that treats the employee as a commodity, including the transfer of an employee from one employer to another, without the written and informed consent of the employee.
   • (d) indulge or allow any employee to indulge in any discriminatory or coercive workplace practices adversely impacting the dignity of the individual.
2. (2) Any employee, aggrieved by a contravention of this section, may file a complaint, in person or through his representative in interest, before the Commissioner of Labour, who shall expeditiously inquire into the matter in such manner, as may be prescribed.
3. (3) Nothing in this section shall prevent an employer from enforcing a lawful notice period or a lawful non-compete clause, that is reasonable in duration, geography and scope.

1. (1) Every worker who has completed such period of continuous service as may be prescribed shall be entitled to annual leave with wages at such rate as may be prescribed.
2. (2) Workers shall also be entitled to casual leave and special leave on such terms as may be prescribed.

1. (1) The provisions of this section shall apply to such establishments employing less than ten workers, to which the Occupational Safety, Health and Working Conditions Code, 2020 do not apply.
2. (2) In every such establishment, every employee at the workplace shall,-
   • (a) take reasonable care for the health and safety of himself and of other persons, who may be affected by his acts or omissions at the workplace;
   • (b) comply with the safety and health requirements specified in the standards prescribed;
   • (c) co-operate with the employer in meeting the statutory obligations of the employer;
   • (d) if any situation, which is unsafe or unhealthy, comes to his attention, as soon as practicable, report such situation to his employer or an official at his workplace or section thereof, as the case may be who shall report it to the employer in the manner as may be prescribed by the Government;
   • (e) not wilfully interfere with or misuse or neglect any appliance, convenience or other thing provided at the workplace for the purpose of securing the health, safety and welfare of workers;
   • (f) not do, wilfully and without reasonable cause, anything, likely to endanger himself or others; and
   • (g) perform such other duties, as may be prescribed by the Government.
3. (3) Rights of the employees,-
   • (a) Every employee in such an establishment shall have the right to obtain from the employer information relating to the employee's health and safety at work and represent to the employer regarding inadequate provision for protection of his safety or health in cannection with the work activity in the workplace and if not satisfied, to the Facilitator.
   • (b) Where, in any workplace, the employee referred to in clause (a) has reasonable apprehension that there is a likelihood of imminent serious personal injury or death or imminent danger to health, he may bring the same to the notice of his employer and simultancously bring the same to the notice of the Facilitator.
   • (c) The employer or any employee referred to in clause (a), shall take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Facilitator in such manner as may be prescribed by the Government.
   • (d) If the employer referred to in clause (c) is not satisfied about the existence of any imminent danger, as apprehended by his employees, he shall, nevertheless, refer the matter forthwith to the Facilitator, whose decision on the question of the existence of such imminent danger, shall be final.
   • (e) No persons shall intentionally or recklessly interfere with, damage or misuse anything that is provided in the interest of health, safety or welfare under this Code.
4. (4) The employer shall be responsible for maintaining in his establishment, such health, safety and working conditions for the employees, as may be prescribed by the State Governmnet.
5. (5) Welfare facilities and measures in the establishments, as required under Section 24 of the Occupational Safety, Health and Working Conditions Code, 2020 and sub-section (4) above, may be provided by pooling of resources by the establishments with fewer than ten employees.

1. (1) Every employer shall ensure safety in the establishment in accordance with the standards prescribed under this Code.
2. (2) The State Government shall, by rules, prescribe a safety framework, including fire safety, providing for,-
   • (a) fire prevention measures, fire detection and alarm systems and fire-fighting equipment required;
   • (b) escape routes and evacuation plans;
   • (c) safety audits by such agency; at such intervals and in such manner, as may be prescribed;
   • (d) the reporting of incidents and corrective and preventive action to be taken thereupon.
3. (3) The rules may provide for the grading of establishments on safety preparedness and compliance.
4. (4) The additional safety measures prescribed under this Code may be achieved by pooling of resources amongst establishments.

1. (1) The State Government shall, by rules, prescribe a voluntary framework of self-disclosure and rating of employee care and welfare, under which every employer or such classes of employers, as may be prescribed, shall periodically declare on the designated portal,-
   • (a) measures taken for the safety, health and welfare of employees;
   • (b) measures taken for the education and skill development of employees;
   • (c) compliance with applicable Central and State labour enactments; and
   • (d) such other matters, as may be prescribed.
2. (2) The State Government shall, by rules, prescribe,-
   • (a) the criteria, methodology and periodicity for such rating, to enable consumers to distinguish services and products, based on the employer-employee relationship in the establishment;
   • (b) the manner of verification, including third-party audit, where appropriate;
   • (c) the manner of publication of ratings on the designated portal; and
   • (d) incentives for better-rated establishments, which may include reduced inspection frequency, priority in Government procurement or such other benefits, as may be notified.
3. (3) Every self-disclosure shall be a statement of fact and the employer shall be personally liable for its accuracy.
4. (4) The State Government may recognise Self Regulatory Organisations, which would oversee the implementation of the provisions of this code and rules framed thereunder and promote information on provisions regarding rights, welfare, safety and social security of the workers/employees.

1. (1) The State Government shall constitute a Committee to be known as the Madhya Pradesh State Labour Advisory Committee, to advise the State Government on all matters pertaining to labour policy, welfare and administration in the State.
2. (2) Without prejudice to the generality of sub-section (1), the Committee may advise on,-
   • (a) welfare schemes for unorganised, gig and platform workers under this Code;
   • (b) conditions of service of employees;
   • (c) occupational safety, health and working conditions;
   • (d) industrial relations policy;
   • (e) social security for employees and the portability of benefits; and
   • (f) such other matters, as the State Government may, from time to time, refer to the Committee.
3. (3) The composition, tenure, procedure and quorum of the Committee shall be, as may be prescribed: Provided that the Committee shall be chaired by the Commissioner of Labour and shall include representatives of the State Government, employers, trade unions, unorganised workers, gig and platform workers and independent persons of eminence.
4. (4) The State Government may issue such directions, as it deems necessary in pursuance of the advice tendered by the Committee.

1. (1) The State Government shall, by notification, constitute a District Labour Committee in every district, for the integrated administration and monitoring of all labour-related matters in the district, including,-
   • (a) the welfare of unorganised, gig and platform workers;
   • (b) the prevention of child labour and rehabilitation of child labourers;
   • (c) the identification, release and rehabilitation of bonded labour;
   • (d) the implementation of welfare schemes under this Code and the Central Codes;
   • (e) the monitoring of safety and health compliance in workplaces; and
   • (f) such other matters, as the State Government may prescribe.
2. (2) The composition, functions and procedure of the District Labour Committee shall be, as may be prescribed: Provided that the committee shall be chaired by the District Collector or his nominee and shall include representatives of employers, workers and such other members, as may be prescribed.
3. (3) Where a District Committee has been constituted under any Central enactment relating to child labour, bonded labour or building and other construction workers, the District Labour Committee under this section shall, to the extent not inconsistent with the Central enactment, discharge the functions of such Committee in the district.

1. (1) The State Government shall constitute the Madhya Pradesh Unorganised Workers' Welfare Board, in accordance with the Code on Social Security, 2020, which shall also replace the Board constituted under the Madhya Pradesh Asangathit Karmkar kalyan Adhiniyam, 2003 (No. 9 of 2004) and have the same powers and provisions, as applicable to a Board constituted under Section 3 of the said Act.
2. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall sue and be sued in its own name.
3. (3) The composition, tenure, procedure and quorum of the Board shall be, as prescribed for the Madhya Pradesh State Unorganised Workers' Social Security Board, provided under the Code on Social Security, 2020.

1. (1) In addition to the functions of the Board provided under the Code on Social Security 2020 and the Madhya Pradesh Asangathit Karmkar Kalyan Adhiniyam, 2003, the Board shall,-
   • (a) promote formalisation of employment amongst unorganised workers;
   • (b) coordinate with District Labour Committees for the implementation of welfare schemes in their respective districts, including providing for health, education, housing, transport, skill development, social security and development of entrepreneurship for the workers and their dependents;
   • (c) ensure the delivery of entitlements under the Code on Social Security, 2020 and such other social security schemes, as may be applicable;
   • (d) encourage and facilitate the organisation of unorganised workers into cooperative societies registered under the Madhya Pradesh Cooperative Societies Act, 1960 (No. 17 of 1961) or any other applicable law, for the purposes of collective negotiation, joint procurement, access to markets, access to welfare schemes and to provide such support, resources and guidance in this behalf, as may be prescribed.
2. (2) The Board may, with the prior approval of the State Government, constitute or merge separate funds for prescribed categories of employment or establishment or for different areas, from which, exclusive benefits, may be provided to workers in such categories or areas.

The Madhya Pradesh Unorganised Workers' Welfare Fund shall be established and administered by the Board in such manner, as is provided in the Madhya Pradesh Asangathit Karmkar Kalyan Adhiniyam, 2003.

1. (1) The State Government may, from time to time, issue such directions to the Board regarding the discharge of its functions the, administration of the fund and the implementation of welfare schemes under this Code and the Board shall comply with such directions.
2. (2) The State Government may call for such progress reports, statements, accounts and information from the Board, as it deems fit and the Board shall furnish such reports, statements, accounts and information, within such time, as the State Government may specify.

The Madhya Pradesh Labour Welfare Board constituted under the Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 (No. 36 of 1983), shall continue with such composition, powers and provisions applicable, as provided for in the said Act.

The Labour Welfare Fund as constituted under Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 shall continue and shall be administered by the Madhya Pradesh Labour Welfare Board.

The Board may implement such welfare schermes, as may be deemed appropriate, in addition to the provisions in the Madhya Pradesh Shram Kalyan Adhiniyam, 1982, including providing for health, education, housing, transport, skill development, social security and development of entrepreneurship for the organised workers and their dependents.

1. (1) Separate exclusive funds and schemes for welfare of workers in categories of employment, like Slate Pencil Factories, shall be maintained under the Board.
2. (2) The Board may formulate and implement specific welfare schemes for special categories of workers, like Slate Pencil workers, having regard to the occupational health risks and other particular circumstances of such workers.

1. (1) The State Government may, from time to time issue such directions as it considers necessary, to the Board, regarding the discharge of its functions, administration of the Fund and implementation of welfare schemes under this Code and the Board shall comply with such directions.
2. (2) The State Government may call for such progress reports, statements, accounts and information from the Board, as it deems fit and the Board shall furnish such reports, statements, accounts and information, within such time, as the State Government may specify.

1. (1) Matters related to Industrial disputes, conciliation, adjudication, trade unions, standing orders, strikes, lockouts, lay-off, retrenchment and closure shall be governed by the Industrial Relations Code, 2020.
2. (2) Establishments below the threshold prescribed under Industrial Relation Code 2020 may adopt or continue to implement, such model personnel regulations, as the State Government may prescribe and publish, which may be recognised and incentivised by the State Government, in such manner, as may be prescribed.

1. (1) The State Government may, by notification, appoint Inspector-cum-Facilitators for the implementation of this Code, with such powers and subject to such safeguards, as may be prescribed under this Code.
2. (2) Every Facilitator shall exercise his powers under this Code in a facilitative manner and shall guide employers and workers towards effective compliance with the provisions of this Code: Provided that no inspection shall be undertaken under this Code in respect of any subject-matter: Provided further that the inquiry into an establishment can be undertaken by a Facilitator only with prior permission of the Commissioner of Labour.
3. (3) The State Government may, by notification, lay down an inquiry procedure, which shall also provide for online inquiry and near real-time inspection reports.
4. (4) Every Facilitator shall be deemed to be a public servant within the meaning of clause (28) of Section 2 of the Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023).

1. (1) Any Facilitator or any officer authorised by the State Government in this behalf, may, for the purposes of carrying out inquiries or verifications under this Code, exercise all or any of the following powers, namely:—
   • (a) to enter, at all reasonable times, with such assistance, as may be necessary, any establishment, premises, building or land and to inquire , examine and collect information relating to compliance with this Code;
   • (b) to require the production of any register, record, book of account, electronic record or other document and to examine and take copies or extracts therefrom: Provided that no record or information, which has already been made available by the employer on the designated system, may be asked for, by the Facilitator;
   • (c) to take copies of such records or documents, where the Facilitator has reason to believe that they may be relevant for proceedings under this Code, subject to such safeguards as may be prescribed; and
   • (d) to conduct such inquiry, as may be necessary and to receive and record evidence.
2. (2) Every employer and every person in charge of an establishment shall provide all reasonable assistance to the Facilitator or the authorised officer in the discharge of his duties under this section.
3. (3) Every inquiry carried out under this section shall be recorded on the designated system in the prescribed manner and a copy of the inquiry report shall be made available to the employer, within such time and in such manner, as may be prescribed.

1. (1) The Competent Authority, as prescribed, may, after affording the concerned party a reasonable opportunity of being heard, determine the amounts of penalty for violation of the provisions of the Code.
2. (2) Any amount so determined, that remains unpaid within the prescribed time, shall be recoverable as an arrears of land revenue.
3. (3) The competent authority under this Code to hold an inquiry, shall have the powers of a civil court under the Code of Civil Procedure, 1908 (No. 5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects and may also, so far as may be necessary for the purposes of the inquiry, exercise such powers of a Facilitator under this Code, as may be necessary.
4. (4) For every original order made by the Competent Authority , any aggrieved party may file an appeal to the next higher authority in the Department.

1. (1) Any violation of the provisions in sections or rules made under this code, other than those mentioned in sub-section (1) of Section 33 of this code would be deemed to be a minor procedural lapse, for which a penalty up to rupees 5000/- may be imposed by the Competent Authority.
2. (2) The Facilitator shall, before invoking any initiation of proceeding by the Competent Authority for a lapse under sub-section (1), issue a compliance notice specifying the lapse and affording the employer a period of not less than sixty days to rectify the same. Upon satisfactory rectification within the said period, no further proceeding shall be initiated or continued and the matter shall be deemed to be closed. Such compliance notice shall not be applicable if the same default is observed again within a period of one year.
3. (3) The penalty shall be imposed by a Competent Authority, who shall not be below the rank of Assistant Labour Officer.

1. (1) Any contravention by an employer, of the provisions of this Code or of any rule made thereunder, under Section 12 or under sub-section (4) of Section 14 where it affects health of the employee adversely, may be punishable with a penalty of rupees one lakh: Provided that, for an offence, which does not have imminent danger to life or health, a compliance notice shall be issued with seven days time and the proceedings may be initiated, only if the observed default is not rectified within the stipulated period. Such compliance notice shall not be applicable, if the same default is observed again within a period of two years.
2. (2) Nothing in this section shall bar prosecution for any offence otherwise constituted under the Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023) or any other law for the time being in force.

1. (1) (a) Any penalty under this Code may be compounded by paying a sum of fifty percent of the maximum penalty before the institution of the proceedings.
   • (b) compounding of the offences may be done by the officers as notified by the State Government in this regard.
2. (2) Where a penalty or an offence has been compounded under sub-section (1), the person liable for penalty or the offender, as the case may be, shall be discharged of the penalty or offence and there shall be no further proceedings against him in respect of such penalty or offence.
3. (3) Any person, who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay an additional penalty equivalent to twenty percent of the maximum penalty provided for the offence.
4. (4) The amount of composition received under sub-section (1) shall be credited to the fund for the unorganised workers mentioned in Section 21 of this Code.

1. (1) No suit or proceeding shall lie against the State Government, the Board or any officer thereof for anything done in good faith.
2. (2) Officers acting under this Code shall be deemed public servants within the meaning of the Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023).

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Code, consistent with the Central Codes.
2. (2) Every rule made under this Code shall, as soon as may be after it is being made, be laid before the Madhya Pradesh State Legislature.

1. (1) All proceedings pending before any authority constituted under any of the repealed enactments shall, on the commencement of this Code, stand transferred to the corresponding authority under this Code and shall be dealt with by such authority, as if they had been initiated under this Code.
2. (2) No proceeding shall abate by reason only of such transfer.

Unless the context otherwise requires references to any repealed enactment in any instrument, contract, notification or document shall be construed as references to the corresponding provisions of this Code.

1. (1) If any difficulty arises in giving effect to the provisions of this Code, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with this Code, as may appear necessary for removing such difficulty: Provided that no such order shall be made after the expiry of a period of three years from the commencement of this Code.
2. (2) Every order made under this section shall be laid before the State Legislature.

1. (1) On and from the commencement of this Code, the following State enactments shall stand repealed—
   • (a) The Madhya Pradesh Adjustment and Liquidation of Industrial Workers Debt Act, 1936 (No. 5 of 1936);
   • (b) The Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958);
   • (c) The Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960);
   • (d) The Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (No. 26 of 1961);
2. (2) Notwithstanding the repeal under sub-section (1), any notification, order, rule, scheme, registration, identity card, appointment, direction, assessment, demand, recovery proceeding, award, settlement or instrument issued, made or taken under the enactments so repealed, shall, in so far as it is not inconsistent with this Code, be deemed to have been issued, made or taken under the corresponding provisions of this Code and shall continue in force, until superseded by anything done or any action taken under this Code.
3. (3) For the avoidance of doubt,–
   • (a) any right, privilege, obligation or liability acquired, accrued or incurred under the enactments so repealed, shall not be affected by such repeal;
   • (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the repealed enactments shall not be affected;
   • (c) any investigation, inquiry or legal proceeding pending or existing at the commencement of this Code shall not be affected and may be instituted, continued and disposed of, as if the repealed enactment had not been repealed;
   • (d) all standing orders in force, immediately before the commencement of this Code, shall continue, as standing orders under this Code, until modified or superseded;
   • (e) all funds constituted under the repealed enactments and all amounts standing to their credit, shall stand transferred to and vest in the corresponding funds under this Code, subject to committed liabilities;
   • (f) all registrations and identity cards issued under the enactments so repealed shall continue until re-verification under this Code; and
   • (g) all welfare schemes in force, immediately before the commencement of this Code, shall continue, until modified merged or replaced by schemes framed under this Code.
4. (4) Unless the context otherwise requires the provisions of Section 6 of the Madhya Pradesh General Clauses Act, 1957 (No. 3 of 1958) shall apply, mutatis mutandis, to the repeal of the enactments referred to in sub-section (1).
5. (5) Any word or expression used but not defined in this Code, if defined in any enactment repealed by this Code, shall have the meaning assigned to it in such repealed enactment.